The Department of Labor recently submitted a proposal to rescind a Trump-era policy on a religious exemption that would bring the department back to the policies of the Bush and Obama presidencies.
According to a release, the Federal Register published the proposal on Nov. 9; the rescinded rule has been in effect since Jan. 8.
Executive Order 11246 prohibits federal contractors and subcontractors from discriminating in employment decisions based on race, color, religion, sex, sexual orientation, gender identity or national origin. It also contains a religious exemption for certain corporations, associations and educational institutions.
“The EO 11246 religious exemption is based on the religious exemption in Title VII of the Civil Rights Act of 1964,” the release states. “When analyzing potential discrimination under EO 11246, [Office of Federal Contract Compliance Programs] follows the principles of Title VII, which prohibits employers from discriminating against applicants and employees on the basis of race, color, religion, sex (including pregnancy, sexual orientation and gender identity), or national origin.”
The final rule strayed from traditional OFCCP policies, the DOL said. The rescission being proposed preserves the executive order’s religious exemption and “ensure that the EO 11246 religious exemption is applied consistent with principles and case law interpreting the Title VII religious exemption,” the release said.
“The U.S. Department of Labor has announced a proposal that would rescind a Trump administration rule that expanded a religious exemption from anti-discrimination laws for federal contractors,” Openly, an impartial LGBT news site tweeted about the announcement.
OFCCP Director Jenny R. Yang said the rescission protects against discrimination based on religion.
“With this proposal, OFCCP would simply return to our policy and practice of considering the facts of each case and applying Title VII principles and case law and other applicable law,” Yang said.
The OFCCP also enforces Section 503 of the Rehabilitation Act of 1973 and the Vietnam Era Veterans’ Readjustment Assistance Act of 1974, which make it illegal for contractors and subcontractors to discriminate based on race, color, religion, sex, sexual orientation, gender identity, national origin, disability or status.
